|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | | | | | | | | | | 5 | | | | | | | | | | facilities for operational |
| | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | 89, 98, 99, 102, 104 to 106, |
| | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 30 | | | | overhead electric cables. |
| | | | | | | | | | | | | | | | | 1 to 4, 6, 9, 11, 12, 15, 16, |
| | | | | | 22, 24, 44, 144, 157, 158, |
| | | 35 | | | | | | | | | 215, 220 to 224, 227 to 229, |
| facilities for operational |
| | | | | | | | | | | | | | | | | | | | 40 | | | | | | | | | | | | | | | | | | |
|
|
| |
|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | | 49, 51, 52, 54, 55, 58 and 61 |
| | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | 143, 145, 149, 154, 156 and |
| | | | | | | | | | | | 161, 163, 165, 166, 170 and |
| | | 25 | | | | | | | | | | | | | | | | | | | | | 225, 226, 230, 237, 240 to |
| | | | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 35 | | | | | | | | | | | | |
|
|
| |
|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | 3 to 6, 11, 13, 14, 102, 103, |
| | | | | | 119, 121, 124, 125 and 252 |
| | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | 127, 127b, 130, 130a to 132, |
| | | | | | | | | | | | | | | | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | 118, 120, 122, 123, 126 and |
| | | | | | | | | 35 | | | | | | | | | | | | | | | | | | | | | 146, 154, 157, 165, 168, 169 |
| | | | | | | | | 40 | | | | | | | | | | | | | | | | | | |
|
|
| |
|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | | | | | | | 166, 174, 175, 176, 181, 182 |
| | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | 1 to 8, 10 to 26, 27, 30 to |
| | | | | | 32, 34, 36 to 57, 59 to 61, |
| | | 20 | | | 63, 67, 69, 71, 72, 84 to 86, |
| | | | | | 94 to 110, 112 to 124, 126 |
| facilities for operational |
| | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 35 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 40 | | | | | | | | | | | | | | | | | | |
|
|
| |
|
| |
|
| | | | | | | | | Purpose for which land may |
| | | | | | | | | | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | facilities for operational |
| | | | | | | | |
|
|
| |
Application of legislation relating to compulsory purchase |
| |
Lands Clauses Consolidation Act 1845 |
| 15 |
1 | The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the |
| |
acquisition of land under section 6(1) above. |
| |
Compulsory Purchase Act 1965 |
| |
2 | Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent |
| |
with this Act, shall apply to an acquisition of land under section 6(1) as it |
| 20 |
applies to a compulsory purchase to which Schedule 1 to the Acquisition of |
| |
Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase |
| |
| |
3 (1) | In its application by virtue of paragraph 2, the Compulsory Purchase Act |
| |
1965 shall have effect with the following modifications. |
| 25 |
(2) | Section 4 (time for exercise of powers of compulsory purchase) shall be |
| |
| |
(3) | Section 11(1) (power to enter on and take possession of land the subject of a |
| |
notice to treat after giving not less than 14 days’ notice) shall have effect— |
| |
(a) | in a case where the notice to treat relates only to the acquisition of |
| 30 |
subsoil or under-surface of land or an easement or other right over |
| |
land, with the substitution for “fourteen days” of “one month’s”, and |
| |
(b) | in any other case, with the substitution for “fourteen days” of “three |
| |
| |
(4) | In section 22(2) (expiry of time limit for exercise of power of compulsory |
| 35 |
acquisition not to affect acquisition of interests omitted from purchase), for |
| |
“section 4 of this Act” there shall be substituted “section 6(6) of the Crossrail |
| |
| |
(5) | In Schedule 3 (alternative procedures for obtaining right of entry), |
| |
paragraph 3(3) (requirement as to sureties in relation to bond for |
| 40 |
compensation) shall be omitted. |
| |
|
| |
|
| |
|
Compulsory Purchase (Vesting Declarations) Act 1981 |
| |
4 | The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall |
| |
apply as if this Act were a compulsory purchase order. |
| |
5 (1) | In its application by virtue of paragraph 4, the Compulsory Purchase |
| |
(Vesting Declarations) Act 1981 shall have effect with the following |
| 5 |
| |
(2) | In section 3 (preliminary notices) for subsection (1) there shall be |
| |
| |
“(1) | Before making a declaration under section 4 below with respect to |
| |
any land which is subject to a compulsory purchase order the |
| 10 |
acquiring authority shall include the particulars specified in |
| |
subsection (3) below in a notice which is— |
| |
(a) | given to every person with a relevant interest in the land with |
| |
respect to which the declaration is to be made (other than a |
| |
mortgagee who is not in possession), and |
| 15 |
(b) | published in the London Gazette.” |
| |
(3) | In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”. |
| |
(4) | In that section, subsections (5) and (6) shall be omitted and at the end there |
| |
| |
“(7) | For the purposes of this section, a person has a relevant interest in |
| 20 |
| |
(a) | he is for the time being entitled to dispose of the fee simple of |
| |
the land, whether in possession or reversion, or |
| |
(b) | he holds, or is entitled to the rents and profits of, the land |
| |
under a lease or agreement, the unexpired term of which |
| 25 |
| |
(5) | In section 5 (earliest date for execution of declaration)— |
| |
(a) | in subsection (1), after “publication” there shall be inserted “in the |
| |
| |
(b) | subsection (2) shall be omitted. |
| 30 |
(6) | References to the Compulsory Purchase Act 1965 (c. 56) shall be construed |
| |
as references to that Act as applied to the acquisition of land under section |
| |
| |
| |
| 35 |
Acquisition of new rights |
| |
6 (1) | The power conferred by section 6(1) shall include power to create and |
| |
acquire such easements or other rights over land to which the power relates |
| |
as may be required for or in connection with the works authorised by this |
| |
Act or otherwise for or in connection with Crossrail. |
| 40 |
(2) | Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of |
| |
land under section 6(1), and the enactments relating to compensation for the |
| |
|
| |
|
| |
|
compulsory purchase of land, shall apply to a compulsory acqusition by |
| |
virtue of sub-paragraph (1)— |
| |
(a) | with the modifications specified in paragraph 7, and |
| |
(b) | with such other modifications as may be necessary. |
| |
7 (1) | The modifications referred to in paragraph 6(2)(a) are as follows. |
| 5 |
(2) | For section 7 of the Compulsory Purchase Act 1965 (c. 56) there shall be |
| |
| |
“7 | Measure of compensation in case of purchase of new right |
| |
In assessing the compensation to be paid by the acquiring authority |
| |
under this Act, regard shall be had, not only to the extent (if any) to |
| 10 |
which the value of the land over which the right is purchased is |
| |
depreciated by the acquisition of the right, but also to the damage (if |
| |
any) to be sustained by the owner of the land by reason of its |
| |
severance from other land of his, or injuriously affecting that other |
| |
land by the exercise of the powers conferred by this or the special |
| 15 |
| |
(3) | In section 8 of that Act (provisions as to divided land) for subsection (1) there |
| |
| |
“(1) | This subsection applies where— |
| |
(a) | a notice to treat in respect of a right over land consisting of a |
| 20 |
house, building or manufactory or of a park or garden |
| |
belonging to a house (“the relevant land”) has been served on |
| |
a person under section 5 of this Act, |
| |
(b) | in consequence of the service of the notice, a question of |
| |
disputed compensation in respect of the purchase of the right |
| 25 |
would, apart from this section, fall to be determined by the |
| |
| |
(c) | before the Lands Tribunal have determined that question, the |
| |
person on whom the notice has been served satisfies them |
| |
that the relevant conditions are met. |
| 30 |
(1A) | The relevant conditions are— |
| |
(a) | that he has an interest which he is able and willing to sell in |
| |
the whole of the relevant land; |
| |
(b) | where the relevant land consists of a house, building or |
| |
manufactory, that it cannot be made subject to the right |
| 35 |
without material detriment to it; and |
| |
(c) | where the relevant land consists of a park or garden |
| |
belonging to a house, that it cannot be made subject to the |
| |
right without seriously affecting the amenity or convenience |
| |
| 40 |
(1B) | Where subsection (1) above applies— |
| |
(a) | the compulsory purchase order shall, in relation to the person |
| |
on whom the notice to treat has been served— |
| |
(i) | cease to authorise the purchase of the right to which |
| |
| 45 |
(ii) | be deemed to authorise the purchase of that person’s |
| |
interest in the whole of the relevant land including, |
| |
|
| |
|